Turning the QOCS back?

QOCS or Qualified One-Way Costs Shifting was introduced to protect the position of Personal Injury Claimants. In 2013 such claimants lost the right to recover, from the other side, the cost of insurance against the risk of adverse costs. The trade-off was QOCS. An unsuccessful claimant would not be ordered to pay the costs of…

Death clause in Law Society’s Standard CFA is enforceable

The High Court has today handed down judgment in the landmark case of Higgins and Co v Evans – https://www.4newsquare.com/wp-content/uploads/2019/10/Higgins-Co-v-Evans-Approved-Judgment.pdf We acted for the Solicitors, Higgins and Co in the Appeal before Saini J. The case was all about what is known as the ‘death’ clause in the Law Society’s Standard CFA. Many practitioners will…

Terminating a retainer – was it you or was it me??

Walsh v Greystone Financial Services Ltd [2019] EWHC 2573 (Ch) This is a significant decision in relation to termination of a Solicitor’s retainer. The background is very familiar. The client wanted to instruct new solicitors in relation to an appeal following dismissal of the original claim. Mr Walsh instructed Firm 2, to advise on the…

Costs Budgets – getting it right

Costs Budgeting is an area of concern for many firms. A number of recent cases have reinforced the importance of the budget. Notably, in the well known case of Harrison v University Hospitals Coventry & Warwickshire Hospitals NHS Trust the Court of Appeal approved the earlier decision in Merrix that the court will not depart…

Flight Delays and Proportionality

Claims for damages arising out of flight delays are usually of relatively low value. They are normally brought under the European Small Claims Procedure. This procedure includes an entitlement to legal costs. But those costs should not be disproportionate. This has been an issue in the recent case of Senior v Blue Air reported in…